- 1 - HC-KAR NC: 2025:KHC:54631-DB WP No. 29114 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 29114 OF 2024 (GM-CON) BETWEEN: 1. MR. P K CHANDRASHEKAR AGED ABOUT 49 YEARS S/O.SRI. B. KRISHNAPPA R/AT, NO.446 GROUND FLOOR, 28TH MAIN, 1ST SECTOR, HSR LAYOUT BENGALORE- 560102. 2. MR. C BABU REDDY AGED ABOUT 50 YEARS S/O.SRI. CHIKKARAMAIAH REDDY R/AT, NO.74, 1ST AVENUE, 4TH MAIN, TEACHER COLONY, VENKATAPURA BENGALORE-560034 3. M/S.URBAN ESTATE REP BY ITS PARTNERS, HAVING ITS OFFICE AT NO.523, GROUND FLOOR, 24TH MAIN SECTOR, HSR LAYOUT, BENGALORE-560 102 …PETITIONERS (BY SRI. ABHISHEK S HALIKER, ADVOCATE FOR SRI. JAGADEESHA GOWDA., ADVOCATE) - 2 - HC-KAR NC: 2025:KHC:54631-DB WP No. 29114 of 2024 AND: MR. TARUN AGARWAL S/O LATE. TEJ KUMAR AGARWAL AGED ABOUT 46 YEARS, R/AT, NO.503, LANDMARKS APARTMENTS NEW HYDERABAD COLONY LUCKNOW-226007 …RESPONDENT (BY MRS. ISHITA YADU, ADVOCATE FOR SRI. SHASHANK KUMAR, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS AND ISSUE AN ORDER, WRIT OR DIRECTION IN THE NATURE OF CERTIORARI, QUASHING THE IMPUGNED ORDER DATED PASSED IN CONSUMER COMPLAINT NO.252/2016 II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE AND IN APPEAL NO.2038/2024 ON THE FILE OF THE ADDITIONAL BENCH KARNATAKA STATE CONSUMER DISPUTE REDRESSAL COMMISSION, AT BANGALORE VIDE ORDER DATED 24/09/2024, HEREBY ALLOWING THIS APPEAL., AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU - 3 - HC-KAR NC: 2025:KHC:54631-DB WP No. 29114 of 2024 ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) The present writ petition has been filed impugning the order dated 27.09.2023 passed by the II Additional District Consumer Disputes Redressal Commission at Bangalore in Consumer Complaint No.252/2016 and order passed by the Karnataka State Consumer Disputes Redressal Commission at Bengaluru in Appeal No.2038/2024. 2. The petitioner herein has filed an appeal against the order of the District Consumer Disputes Redressal Commission, at Bengaluru in Consumer Complaint No.252/2016 dated 27.09.2023. This appeal was filed with a delay of 214 days which came to be dismissed by the Commission, wherein, at para 3 of the Order, it has stated as under: "3. On perusal of the affidavit sworn by the appellant and the reasons sworn in the affidavit are not satisfactory. As soon as the order passed by the District Commission free copies are - 4 - HC-KAR NC: 2025:KHC:54631-DB WP No. 29114 of 2024 mandatorily sent to the both parties. Hence, the grounds urged that, no knowledge with respect to the order passed in the complaint are not just and sufficient cause to condone the delay in filing this appeal. It is a clear case of negligence on the part of this Complainant in not preferring this appeal will within time. Hence, the appeal deserves to be dismissed." 3. The statutory alternative remedy of filing the revision petition is provided to the petitioner under Section 58(1)(b) of the Consumer Protection Act, 2019. Hence, we are not interfering with the order, however, we are giving liberty to the petitioner to approach the National Commission by filing a revision petition, if so advised. With the aforesaid liberty, we dispose of the petition. (D K SINGH) JUDGE (TARA VITASTA GANJU) JUDGE HR List No.: 1 Sl No.: 10 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA Digitally signed by DINESH KUMAR SINGH Location: HIGH COURT OF KARNTAKA